STAND. COM. REP. NO. 2237

Honolulu, Hawaii

RE: S.B. No. 3089

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Education and Labor and Technology, to which was referred S.B. No. 3089 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

beg leave to report as follows:

The purpose and intent of this measure is to require that licensed teachers have their license revoked by the Hawaii Teacher Standards Board if the teacher is resigning or retiring during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student.

Your Committees received testimony in support of this measure from the Department of Education.

Your Committees received comments on this measure from the Hawaiʻi Teacher Standards Board.

Your Committees find that Hawaii's keiki have a right to safe and secure learning environments throughout their educational careers. However, certain individuals who perpetuate harm against children — including physical abuse, sexual assault, or sexual harassment — may still find employment in other jurisdictions despite allegations and accusations of misconduct. Additionally, certain instances of physical or sexual abuse may go undetected, as parents may be reluctant to have their children testify in public regarding a sexual or physical abuse incident, as the testimony may cause the child to relive the traumatic event. Educational institutions may also terminate the perpetrator's employment to avoid tarnishing reputations. Providing quality educational experiences to Hawaii's keiki is of paramount importance to the State. Therefore, this measure provides increased protection and healthy, safer learning environments for students.

Your Committees have amended this measure by:

(1) Inserting language that requires an individual who retires or resigns from teaching before the completion of the investigation to surrender their Hawaii teaching license;

(2) Inserting language that requires the Hawaii Teacher Standards Board to report a surrendered license to the National Association of State Directors of Teacher Education and Certification; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Education and Labor and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3089, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3089, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Education and Labor and Technology,

________________________________ HENRY J.C. AQUINO, Chair

________________________________ MICHELLE N. KIDANI, Chair